Question:
Being sued by collection agency..
I was hoping to get some advice. In 1997 I ended service with a large
phone company and settled my debt of $497 which I had but could not
pay, but finally pbtained a job for which I could settle all of my
debts. Since then I had never recieved a phone call or any
documentation that it was paid or anything. For that I just assumed it
should be all set since, like credit card payments, you make the
payment and nothing else happens, no receipt etc. Three months ago a
lawyers office sends me a letter stating that they are going to sue me
for the amount of $497 unless I contact them and settle the amount. I
immediately call them and they told me they they are collecting on
behalf of the phone company. I told them I did have service with that
company but had settled my debt with them along with several other
debts that I had collected within the same period. To make a long
story short, I was going to school and racking up credit card and
phone bills I could not repay as I was stupid in my adolecence. So,
when I finally obtained a really good paying job, the first order of
business was to settle all debts which were at the time about $3,500
or so. From about 1998 I have had good credit with no overdue bills.
Anyway, they said if I do not pay the amount they will sue me for
it and I will have pay the amount plus lawyers and court fees. They
cited they had enough proof to take me to court and win the case. On
the other hand, I have no proof since it was 4 years ago, I don't even
know where the receipt is stating that I made the payment. So, I did
get some initial help from a lawyer stating that I should, in writing,
ask for any and all documentation of dates, times and debts that are
owed to me. I did write and sent it out about 2 months ago and
contacted them a week later making sure they received the letter. They
responded that they did and that they could no way get that
documentation of dates and times of calls since that was private
information, but were trying to get the original contract signed by me
which they say is enough to win the court case.
Well, it has been two months and I have not heard or received
anything from them. And the worse part is that it is on my credit
report! I have an older car and have been saving to get a new car
which I finally have a good enough job and been working hard to
purchase a new car! Unfortunately I cannot because of this!! I was
wondering if I could sue them on emotional distress, ruining my good
name (there's a legal term I cannot think of now) or anything else. I
don't want money, I just want the debt to be wiped clean and the item
removed from my credit, which they said they can't do even if I prove
I am right! I was hoping to get some help, any advice would be
extremely helpful.
Answer:
Q: Three months ago a
lawyers office sends me a letter stating that they are going to sue me
for the amount of $497 unless I contact them and settle the amount. I
immediately call them and they told me they they are collecting on
behalf of the phone company. I told them I did have service with that
company but had settled my debt with them along with several other
debts that I had collected within the same period. To make a long
story short, I was going to school and racking up credit card and
phone bills I could not repay as I was stupid in my adolecence. So,
when I finally obtained a really good paying job, the first order of
business was to settle all debts which were at the time about $3,500
or so. From about 1998 I have had good credit with no overdue bills.
Anyway, they said if I do not pay the amount they will sue me for
it and I will have pay the amount plus lawyers and court fees. They
cited they had enough proof to take me to court and win the case. On
the other hand, I have no proof since it was 4 years ago, I don't even
know where the receipt is stating that I made the payment.
A: How did you make payment? If by check, then your old back should be
able to obtain documentation of the payment.
Q: So, I did
get some initial help from a lawyer stating that I should, in writing,
ask for any and all documentation of dates, times and debts that are
owed to me. I did write and sent it out about 2 months ago and
contacted them a week later making sure they received the letter. They
responded that they did and that they could no way get that
documentation of dates and times of calls since that was private
information, but were trying to get the original contract signed by me
which they say is enough to win the court case.
A: Send them a letter stating the following, send it certified:
Re: Alleged debt # xxxxx on behalf of Big Telco and
your letter dated xx/xx/xx
Dear Shyster Lawyers,
I do not owe the above mentioned debt and I will not deal with
anyone other than the original creditor in this matter. Cease and
desist all further contact, or you will be in violation of the
FDCA and the FCRA and quite possibly the State Bar Association's
Cannon of Ethics.
Sincerely,
Delinquent
Q: Well, it has been two months and I have not heard or received
anything from them. And the worse part is that it is on my credit
report!
A: Write to all three major Credit Bureaus:
Equifax 800-685-1111
Transunion 800-888-4213
Experien 888-397-3742
Request a copy of your report, as the erroneous item may not
be on all three reports.
Write those that do have the erroneous item the following letter:
Dear CreditBureau
Re: account ## collection item in the amount of $497
This entry is in error, I do not own this or any amount
on said account. Please verify and remove this erroneous
derogatory information from my report ASAP.
Sincerely,
Delinquent
The credit bureau will send a letter to the creditor, who then
must reply and verify the accuracy of the account with 30 (thirty)
days, or the FCRA law mandates that the Reporting Bureaus remove
the item from your report.
Q: I have an older car and have been saving to get a new car
which I finally have a good enough job and been working hard to
purchase a new car! Unfortunately I cannot because of this!! I was
wondering if I could sue them on emotional distress,
A: Nope.
Q: ruining my good
name (there's a legal term I cannot think of now)
A: Not yet, but if you follow the above advice, and indeed the account
is paid, and either the original creditor or the shyster lawyers continue
to make false, erroneous entries onto your report(s), you are entitled
to $100,000 (or more) in damages from them.
